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North Dakota judge weighs decision in Beef Commission membership lawsuit
Ranchers say the law gives favored groups control over nine commission seats and $1.5 million in annual beef checkoff revenue.
On Monday, South Central Judicial District Judge Jackson Lofgren heard arguments regarding a lawsuit challenging the appointment process for the North Dakota Beef Commission. The Ranchers Rights Initiative claims the law unfairly favors the North Dakota Stockmen's Association.
Directors Kenneth Graner, Michael Heaton, and Jeremy Maher argue the law creates a "closed class" for producer positions, effectively excluding outsiders from the board that oversees cattle sale fees.
Defending the statute, Special Assistant Attorney General Zachary Pelham argued it provides "meaningful at-large access" to the Beef Commission. He noted the state has supported at least 16 people for at-large positions since 2009.
Following Monday's hearing, Judge Lofgren took the matter under advisement and canceled the August court trial. The state seeks dismissal, citing a three-year statute of limitations barring the challengers' claims.
Appointed by Republican Gov. Kelly Armstrong, the nine-member Beef Commission manages funds from $2 per head cattle sales. It raised more than $1.5 million in assessment revenue during the 2024-2025 period.